Accidents in the workplace that result in you being injured should be reported to an employer or the person in charge with some incidents and near misses having to be reported by law to the RIDDOR. Responsible employers will always ensure this is done, however, there are instances when a record of an accident at work is not recorded straight away which could be because the injuries you sustained were severe. Should this be the case, you have the right to request that someone you trust reports the incident for you.
To find out more on how and when to fill out an accident at work claim form, please read on.
- Informing Your Employer That a Work Environment is Unsafe
- How and When You Must Fill Out an Accident Report Form After an Accident at Work
- What to Do After an Accident at Work When Helping an Injured Colleague
- Making Sure There is a Record of the Accident
- Check if Your Accident at Work and Injuries Are Reportable to the RIDDOR?
- When to Fill Out an Industrial Injuries Disablement Benefit Claim Form
- When Should You Fill Out Accident at Work Claims Through Unison?
- Could I Be Fired for Filing an Accident at Work Claim?
- Do I Have Any Rights After an Accident at Work?
- Seeking Legal Advice From an Accident at Work Lawyer
- Informative Links
If you feel that a work environment is unsafe or that an employer is not abiding by Health and Safety regulations, you have the right to share your concerns with your employer. It is also your “right” not to go to work until safety issues have been put right. If you are a trade union member, you have the right to discuss safety issues with your representative and your employer cannot treat you detrimentally or unfairly if you do.
It is also your right to contact a Health and Safety Executive representative should you feel that you and your fellow worker’s safety is put at risk. Should your employer object to you doing so, they would be acting unlawfully and as such, you should contact a solicitor at accidentclaims.co.uk for advice before taking further action.
If you are involved in a workplace accident and you suffer an injury, you must seek medical attention before doing anything else. If there are designated first aid officers in the workplace, they can offer you initial treatment before you are examined by a doctor in the Accident and Emergency department of a hospital or your own GP. A medical report is an essential part of the evidence needed if you seek compensation by filing an accident at work claim against a negligent employer.
The same applies should the workplace accident have been caused by a fellow employee in which case, your employer could still be held liable. It is also worth noting that a medical report is crucial should you wish to claim any benefits which you may be entitled to which would include industrial injuries benefits.
All responsible employers would make sure that workplace accidents and injuries suffered by their employees and other people are correctly recorded in an Accident Book. They would also ensure that reportable incidents and near misses are reported to the RIDDOR which must be done by law. These records must contain all relevant details relating to the incident and the employees involved as well as the company/business/organisation’s name.
It is also worth noting that these official workplace incident reports are essential when it comes to tracking any recurring accidents that result in workplace injuries because it allows employers and business owners the chance to set in place reasonable safety measures to reduce the risk of the same incidents happening again.
If a fellow employee is injured in a workplace accident, there is a procedure to follow when going to their aid as explained below:
- Make certain the area is safe before entering
- Administer first-aid if necessary
- Inform the person in charge/management/employer as soon as you are able to
By following the above, it ensures that the necessary investigation procedure can commence. When it comes to filling out an accident report form, you would need to ensure the following information:
- The injured party’s contact details which must include their full name, address and telephone number as well as their email address, gender and date of birth
- The reason why they were in the area where the workplace accident occurred and what they were doing at the time of the incident
- If someone else fills out an accident report form on behalf of an injured employee, they have to include their own contact details
- The details of the injuries sustained and details of the accident which must include the date and time, where the incident occurred making sure that all the information provides “specific” details such as the condition of a floor surface
A detailed report of any injuries you suffered at work must be recorded which provides evidence that the correct treatment was administered. This must include the following information:
- The type of injury – whether this was a fractured or broken bone, bruising, a laceration or a burn
- What part of your body sustained the injury
- Where you were hospitalised or resuscitated
- Whether you were taken by ambulance to a hospital
- Whether you were at any time unconscious
- How long you were off work due to the injuries you suffered
The evidence you would need to provide to support your claim is detailed below:
- Witness statements from all the people who were present when the incident occurred
- The contact details of all the witnesses
- A written statement detailing how the incident happened
- CCTV footage or photographs showing where the incident occurred
- Any and all Health and Safety Executive reports that may have been done in the past
It would be fair to say that the more evidence you can provide, the stronger a claim would be. It also means that a solicitor would be able to prove that an employer was negligent and therefore could be responsible for the injuries you suffered at work.
There are specific questions you can ask which could give you an objective picture relating to the circumstances that led to the workplace accident occurring. These are as follows:
- How and why did the workplace happen?
- Was there anything different about the working conditions?
- Were you provided with the appropriate industry standard personal protective equipment – PPE?
- Were you using any specialist or specific machinery, tools or equipment to do the work?
It is always advisable to provide an explanation of the circumstances and events that immediately took place before the workplace accident happened. This helps prevent any future accidents in which employees could be injured from occurring. The report that you provide would also help determine whether you suffered injuries at work due to a lack of training, because of human error, or because machinery, tools or equipment you were using at the time was faulty.
There are specific workplace incidents, injuries and near-misses that an employer must by law report to the RIDDOR and if they fail to officially report an incident, an employer could be subject to a fine which would be issued by an enforcing authority. The procedure that must be followed when reporting an incident to the RIDDOR is detailed below:
- The responsibility of reporting incidents to the RIDDOR falls to an employer or the person in charge of a work environment. There is an option to report incidents to the authority by using their online service. The report is then sent to the RIDDOR dedicated database and a copy is sent to the person who files it so they have it in their records. An incident can also be reported to the RIDDOR by phone
You have the right to check if an incident and your injuries were reported to the authority. If you have any concerns, you should contact a solicitor at accidentclaims.co.uk who would be happy to do this on your behalf.
If you are entitled to receive industrial injuries disablement benefit and you require assistance filling out the form, you can find help through the Barnsley Industrial Injuries Disablement office and this would include filling out the form on your behalf if necessary. Should this be the case, you would need to make sure all the information provided is correct before signing it.
You would need to be a member if you want to claim any benefits through Unison and you must meet the following criteria to qualify:
- You were a Unison member for four weeks prior to having been injured in an accident at work
- You are up to date with your contributions and not in arrears
- You abide by the time limit which is within 12 months from the date you were injured in a workplace accident
- You suffered your workplace injuries while doing your normal job or when you were travelling to and from the place where you work or to place where union business was being carried out
If you have received the maximum about in a claim during a calendar years, you would not be entitled to receive any other benefits through Unison. You must also answer all the question in the form in full because if you do not, it could cause a delay in receiving the benefits you may be entitled to. The information that you would be asked to provide is as follows:
- Details of your membership which is required as evidence that you are a member of Unison
- The details of the workplace accident in which you suffered injuries which is needed to determine I are entitled to benefits. The information has to include the date the accident occurred, the date that you left your place of work because of your injuries, details of the incident and how you sustained your injuries, the date you were able to go back to work, if you had to be off work for 6 weeks or more – should this be the case you would have to hold back on sending in your benefit form in order to claim the maximum amount
- Your bank details so the benefits you may be entitled to can be directly paid through BACS. However, you can opt to receive a cheque bearing in mind that it can take up to 5 days longer to receive
If you are fired because you made an accident at work claim against your employer because you were injured, your employer would be deemed in breach of the law. You cannot be threatened with the sack or redundancy nor can an employer intimidate you or treat you unfairly because you seek compensation from them. Should you find that your employer is making your working life difficult, you should contact a solicitor at accidentclaims.co.uk because you could be entitled to file further claims against them. A solicitor would assess your concerns before assisting you in seeking further compensation from your employer.
If you are injured in a workplace accident, you have certain rights which are explained below:
- You have the right to be treated fairly if you file an accident at work claim against an employer
- That your position and job within a business is secure if you seek compensation for a workplace injury you sustained through no fault of your own
Should your employer choose to fire you and they do not have a “good reason” for doing so other than the fact you filed an accident at work claim against them, a solicitor who specialises in employment law would offer essential legal advice on what steps you could take which could include filing an “unfair dismissal” claim.
If you are at all concerned about filing an accident at work claim against an employer and need advice, you should contact a lawyer who would assess your case in a no obligation, free, initial consultation. Once the solicitor has determined that your claim is strong and that your employer could be held liable for the injuries you suffered in a workplace accident, they would typically represent you on a No Win No Fee basis by signing a CFA with you.
A Conditional Fee Agreement allows a solicitor to represent you when filing an accident at work claim against an employer without having to request that you pay them an upfront fee to do so. This is a legal contract that sets out the “success fee” that would only be due when you are awarded the accident at work compensation you seek and the amount is taken out of the money you are awarded. Should you lose your claim, the “success fee” would not have to be paid because the solicitor agreed to these terms when they signed the No Win No Fee agreement.
If you were involved in an accident at work in which you suffered injuries and you would like more information about claiming benefits through Unison, please follow the link provided below:
For more information on industrial injuries disablement benefit, please click on the link below: